Almighty God, we pray that You help us to make decisions that are
moral, just and equitable to all, even though we may feel under pressure to
hasten the legislative process in the weeks to come.

Please keep us mindful that we are here not to be served but to
serve all the people of Nevada. We ask this in Your Holy Name, our Lord and
Creator.

Amen.

Pledge of allegiance to the Flag.

Senator Raggio moved that further reading of
the Journal be dispensed with, and the President and Secretary be authorized to
make the necessary corrections and additions.

Motion carried.

REPORTS
OF COMMITTEES

Madam President:

Your Committee on Commerce and Labor, to which were referred
Senate Bills Nos. 45, 50, 52, has had the same under consideration, and begs
leave to report the same back with the recommendation: Do pass.

Also, your Committee on Commerce and Labor, to which was referred
Senate Bill No. 6, has had the same under consideration, and begs leave to report
the same back with the recommendation: Amend, and do pass as amended.

Randolph J. Townsend, Chairman

MESSAGES
FROM THE ASSEMBLY

Assembly
Chamber, Carson
City, February 26, 2001

To the
Honorable the Senate:

I
have the honor to inform your honorable body that the Assembly on this day
passed Assembly Bill No. 7.

Whereas, The Nevada State Legislature joins
the people of Nevada as they remember the life and mourn the loss of Archie
Pozzi, Jr., who passed away on November 29, 2000; and

Whereas, Archie Pozzi, Jr., was born on January 7, 1919, in
Oakland, California, to Leola and Archie Pozzi, Sr., but spent most of his life
in Carson City, where he starred on the state championship basketball team of
Carson High School during his senior year in 1936; and

Whereas, Following his graduation from the University of
Washington in 1941 where he was senior class president, Archie Pozzi served his
country in the Pacific Theater during World War II and was discharged from the
Navy with the rank of lieutenant, one of his most cherished roles; and

Whereas, In 1946, Archie Pozzi joined his father in the
family business, Pozzi Motor Company, the Carson City Ford dealership, which he
took over after his father’s death, and in this capacity he joined with several
other Carson City auto dealers to produce wacky television commercials that drew
customers away from Reno and succeeded in turning auto sales into the biggest
sales tax producer in Carson City in the 1960s; and

Whereas, A staunch Republican, Archie Pozzi served as an
Assemblyman from 1955 to 1966 and as a Senator from 1967 to 1974, and used his
drive and ambition to enact a state sales tax to help pay for education, author
a bill for a land swap needed to start Western Nevada Community College, help
create Carson City’s current form of consolidated government as a Capital
District, defend the rights of state employees and support veterans; and

Whereas,
From 1951 to 1954, Archie Pozzi was a member of the Nevada State Museum Board
and, after leaving the Legislature, served on the Carson City Planning
Commission for 10 years; and

Whereas,
In addition to his work in the political arena, Archie Pozzi was a member of
the Masonic Lodge, the Kerak Shrine Temple and the Carson Host Lions, was
active in the Nevada Department of the American Legion, was a high school and
college basketball referee for over 25 years and was named Carson City Chamber
of Commerce Citizen of the Year in 1991; and

Whereas, Described as having a rare combination
of strength and humor, Archie Pozzi was known for his quick smile and
willingness to help get things done; and

Whereas, Archie Pozzi was preceded in death by his wife,
Helen, in February 2000, and is survived by his children, Bruce and Kathie of Anchorage,
Alaska, Bob of Reno, Steve of Carson City and Michelle of Danville, California,
four grandchildren and his sister, Virginia Pozzi Furman of Carson City; now,
therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly
Concurring, That the members of the 71st session of the Nevada
Legislature extend to the family of Archie Pozzi, Jr., their sincere
condolences; and be it further

Resolved, That the sandstone of the Legislative Building,
which Archie Pozzi fought to have used in order to match the Capitol Building,
will be a reminder of the contributions he made that helped shape Carson City
and Nevada; and be it further

Resolved, That the Secretary of the
Senate prepare and transmit a copy of this resolution to the children of Archie
Pozzi, Jr.

Senator Raggio requested that the following remarks be entered in
the Journal.

Senator
Raggio:

We pause today
to memorialize one of our former colleagues. I believe Senator Neal, Senator
Jacobsen and I were the only members of this body to serve with Senator Pozzi.

Senator Pozzi
was an interesting character. He had probably three or four careers during his
lifetime. I wish other members of the Senate had personally known Archie
because they would be interested in hearing stories about him. I knew him in
his early years as a great sportsman. He was interested in athletics,
particularly high school sports. He, along with a few of his friends, served as
referees for high school sports around the State. Archie was a former
basketball star for Carson High School.

His father was a long time businessman, owner of Pozzi Motors,
one of the leading car dealers in the West. After his father’s death, Archie
carried on with the business. Pozzi Motors was a leader in marketing. Some of
their early commercials on television were really a scream. He joined with
other car dealers in town which really drew attention to Carson City. They were
well known for their wacky commercials that attracted a clientele. Carson City
auto dealers were known throughout the area and business prospered.

Archie was a veteran and served with distinction as a naval
officer during World War II. He was a champion for veterans. He rose to the
position of National Vice-Commander of the American Legion. As recently as a
few years ago, whenever there was a veterans’ issue, Archie Pozzi was there. He
was a strong advocate for veterans’ issues. Without his personal intervention,
the laws of the State of Nevada that provide for veterans’ benefits from
property tax exemptions and other entitlements would never have come to be
except for the likes of Archie Pozzi. In this area, he was a staunch advocate
of state employees’ rights and for Carson City. He should have been known as
“Mr. Carson City.”

During the early 1990s, he was named “Carson City Citizen of the
Year.” Whenever there was an issue about Carson City or Ormsby County, as it
was then known, Archie Pozzi went to bat. He was one of the leading proponents
for education. The sales tax, which is now an important part of funding for
education, was one of his legacies. The Western Nevada Community College in
Carson City would not be here except for the efforts of Senator Pozzi.

It is with a great deal of pride that I ask that this resolution
be adopted. Archie is to be inducted into the Senate Hall of Fame this year.
Unfortunately, he died before knowing of this honor. I want to extend our
condolences to his family for their loss. Archie is remembered by all of us.
The resolution indicates his sister Virginia survives him, but she passed away
recently. We extend our condolences to the family for her loss. It is with fond
memories that we recall the efforts and the contributions of Senator Archie
Pozzi.

Senator
Titus:

Although Senator Pozzi was a staunch Republican, as the
resolution says, I considered him a friend. He was a charming and delightful
gentleman who often complimented me on what he called my “straight shooting”
even when he completely disagreed with my position. He also gave me excellent
advice on veterans’ policy and would stop by to share his perceptions of the
political scene here in “the village” as he referred to the capital. I miss him
as, I know, we all do.

Senator
Jacobsen:

I am certain Senator Raggio has covered most of Archie Pozzi’s
really great qualities. I can almost hear Archie this morning. He was a super
guy and a real close friend. I kind of grew up with the family, especially with
his sister, Virginia.

I belonged to a
little circle of friends who used to chase around Carson City. We put a flaming
“D” on the Carson High School lawn and a few things like that. Archie Pozzi
Sr., Archie’s father, whose garage was nearby, was a patsy if we needed a Coke
or a hamburger. The five of us who ran around together would usually look to
him if we needed something to eat. Archie excelled in almost everything he
attempted to do. He was a great sportsman, especially in school activities. We
always thought he was a great referee unless he was refereeing a Douglas versus
Carson High School game. Then we didn’t think too much of him.

The veterans will never find another friend like Archie Pozzi. He
excelled on the federal, state and local level. I had the privilege of serving
with him on the Veterans’ Cemetery Board for Fernley. He was the vice-chairman.
He also served on the Veterans’ Commission for which I chair.

Archie was a first-class person. I was thinking this morning that
one of the first things that happened when I became involved in politics was
that the message was out that Carson City got a new fire engine every session
in lieu of taxes. Since the state buildings do not pay taxes to Carson City,
the city always got a new fire engine. That was his number one priority. On the
first day of session, everyone was notified there was a fire engine in the
budget.

Many of the things he accomplished in his lifetime were on a
national level. He was super in everything he attempted to do, like helping
with Boys’ State or Girls’ State. He was always leading the pack. I am going to
miss him. I thought this morning how there was only one Archie Pozzi, and there
will never be another person like him. God love him.

Senator Neal:

Madam President, I had the opportunity to serve with Archie
Pozzi, Jr. during my first session in the Senate in 1973. At that time, we only
had 20 Senators. I used to be seated where Senator O'Donnell is now seated and
on the opposite end, Supreme Court Justice Cliff Young was seated. Those of you
who have heard Justice Young speak know he can get wound up on a subject and do
very well. I can also get wound up. Archie was sitting in the front row, and
one day he came by and said, “Would you and Cliff Young get together on the
issues? You can really stir up this House!”

He was an individual I watched in my first session, one from whom
I could learn a lot. As Senators Jacobsen and Raggio have indicated, Archie was
respectful of this area known as the Capital District. He served this area well.
With the many issues involving state employees, he was always out front. I
always thought that was strange because as a person coming into this House for
the first time, I looked for a division between Republicans and Democrats.
Those lines were blurred at that time because most people fit into the
conservative mode. They became very liberal, as did Archie Pozzi, when it came
to addressing the needs of Carson City. Archie saw what the people wanted and
needed, and he would do his best to get it for them. From 1973 until a few
years ago, we maintained our friendship. He would stop by to see what was
happening in my life and always asked how Las Vegas was coming along. I would
tell him, “It’s growing.”

I will miss Archie as I miss many of the people who I served with
for the first time. These were the people who created my first impression of
the Legislature. They are the people you do not readily forget. He was
outstanding along with the likes of Mahlon Brown, James Gibson, Floyd Lamb and
Snowy Monroe. I extend my condolences to his family, and I would like to say in
closing, that Archie did well for the State of Nevada. We certainly will miss
him.

Senator Shaffer:

Thank you, Madam President. I got acquainted with Archie four or
five years ago mostly because we both served in the military. I served in the
Marine Corps, and of course, he was in the Navy. He used to come by my office,
stick his head in and refer to me as the “bellhop” for the Navy which I thought
was interesting. I was on the same subcommittee with Archie and Senator
Jacobsen. We had quite a go around over a Veterans’ home. Archie wasn’t a
selfish man. He knew that there were more people in southern Nevada than
northern Nevada. He figured his chances of getting a Veterans’ home in northern
Nevada were remote at this time. He didn’t hesitate to step in, side by side,
with Jake and me to fight for the Veterans’ home that now exists in southern
Nevada. A lot of people in southern Nevada don’t understand how important it
was for Archie to be behind this issue. I really appreciated knowing and
working with him.

Senator Amodei:

Thank you, Madam President. I rise as somebody who knew Archie
mostly as a youth growing up in a Carson City with five to ten thousand people.
The first time I met Archie was through a program that was sponsored by the
Ford dealers called “Punt, Pass and Kick.” In 1968, my Dad, who was a
registered Republican, took me down to the “Punt, Pass and Kick” competition
that was held at the old high school about three blocks west of here. As the
stars would have it, that day they lined up pretty well, and I was able to
throw the ball and punt quite a ways. It came time for the place kick, as you
know you back way up, that is before soccer all started, and you kick it. It
was the only good kick I had in my whole life, and the ball went forever. The
guy who owned the Ford dealership was right there on the line, right in the
middle of it, like Archie was on top of everything he did. He looked at me and
said, “You know that went quite a ways young Amodei, but if your Mom wasn’t
such a strong Democrat, you probably would have about 10 more yards on that
kick.” Now this was at the age of eight, so I thought I had just been
disqualified from the competition, and it proceeded from there. It is nice to
see the kids here. Shelly, it is good to see you and Steve. You know, as I
recall in those days, the Pozzi’s lived in the nice house because they owned a
car dealership, and us blue collar folks lived a few blocks away. To make
things worse, Steve would walk by, and since I’m quite a bit younger than
Steve, he’d pick on us young kids, which is why he is sitting with Senator
Raggio today. He’s always been into “one upsmanship.”

I want to relate two stories. When Senator Neal talks about
training, and I forget the exact circumstances, but it was something to do when
they were looking for people for a “call of the house.” I only had a little bit
of experience in that area. One of the pieces of training that they don’t give
new people is that when there is a “call of the house” and you are in the
building—you want to stay hidden. One of Archie’s big moves that he taught
folks was to go into the men’s room, get in a stall and stand on the toilet so
that when the Sergeant of Arms comes in looking for people, they can’t tell you
are in there. This is not in the Senate Handbook anymore, perhaps, that could
be put back in there on behalf of Senator Pozzi.

In closing, I agree with the remarks Senator Raggio and everyone
else made about how he was a “doer” in everything he did for family, community,
county, state and the American Legion. The thing that I’m most proud of is that
he and I are a club of only two, and as the last living member, I’m proud to be
associated with him as members of this body who are also members of a Carson
High School State Basketball Championship team.

Resolution adopted.

Senator Raggio moved that all rules be suspended and that Senate
Concurrent Resolution No. 13 be immediately transmitted to the Assembly.

Motion carried unanimously.

Senator Raggio moved that the Senate recess subject to the call
of the Chair.

Motion carried.

Senate in recess at 11:30 a.m.

SENATE IN SESSION

At 11:34 a.m.

President Hunt presiding.

Quorum present.

INTRODUCTION, FIRST READING
AND REFERENCE

By the Committee on Commerce and Labor:

Senate Bill No. 253—AN ACT relating to
utilities; preventing certain electric utilities from disposing of certain
generation assets for a limited period; placing restrictions on the disposal of
such assets after that period; repealing the prospective conditional expiration
by limitation of certain provisions that govern changes to the regulation of
electric utilities; requiring the public utilities commission of Nevada to take
certain actions to carry out the provisions of this act; and providing other
matters properly relating thereto.

Senator Townsend moved that the bill be
referred to the Committee on Commerce and Labor.

Senate Bill No. 254—AN ACT relating to capital punishment;
abolishing the imposition of a sentence of death; amending or repealing related
statutes pertaining to the existence, imposition and execution of a sentence of
death; reducing the sentence of any person sentenced to death to a sentence of
imprisonment for life without the possibility of parole; and providing other
matters properly relating thereto.

Senator Neal moved that the bill be referred to the Committee on
Judiciary.

Motion carried.

By the Committee on Government Affairs:

Senate Bill No. 255—AN ACT relating to public works; requiring
and authorizing certain terms in a contract between a design professional who
is a member of a design-build team and a public body; prohibiting a public body
from requiring a design professional to indemnify the public body against any
liability in a contract with the design professional; providing an exception to
such a prohibition; and providing other matters properly relating thereto.

Senator O'Connell moved that the bill be referred to the
Committee on Government Affairs.

Motion carried.

By Senators Carlton and Amodei:

Senate Bill No. 256—AN ACT relating to local governments;
prohibiting certain local governments from denying the request of a person for
a work permit to work as a nongaming employee under certain circumstances;
prohibiting the televised broadcast of an appeal of the denial of a request for
the issuance of a work permit to work as a nongaming employee; and providing
other matters properly relating thereto.

Senator Carlton moved that the bill be referred to the Committee
on Government Affairs.

Senate Bill No. 257—AN ACT relating to motor vehicles; limiting
the issuance of special license plates indicating current or former employment
as a professional fire fighter; imposing a fee for the issuance and renewal of
those license plates to be distributed among certain facilities for the
treatment of burns which are located within the State of Nevada; and providing
other matters properly relating thereto.

Senator Wiener moved that the bill be referred to the Committee
on Transportation.

Motion carried

By the Committee on Judiciary:

Senate Bill No. 258—AN ACT relating to tobacco; authorizing state
agencies and local governments to adopt more stringent restrictions governing
tobacco and products made from tobacco than restrictions imposed pursuant to
state law under certain circumstances; and providing other matters properly
relating thereto.

Senator James moved that the bill be referred to the Committee on
Judiciary.

Motion carried.

By the Committee on Human Resources and Facilities:

Senate Bill No. 259—AN ACT relating to public welfare; requiring
the department of human resources to pay rural hospitals for all reasonable
costs incurred by the rural hospitals in providing services for long-term care
to Medicaid patients; making an appropriation; and providing other matters properly
relating thereto.

Senator Rawson moved that the bill be referred to the Committee
on Finance.

Motion carried.

Assembly Bill No. 7.

Senator Rawson moved that the bill be referred to the Committee
on Transportation.

Motion carried.

GENERAL FILE AND THIRD
READING

Senate Bill No. 16.

Bill read third time.

Remarks by Senators Neal and Rhoads.

Roll call on Senate Bill No. 16:

Yeas—21.

Nays—None.

Senate Bill No. 16 having received a constitutional majority,
Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 19.

Bill read third time.

Remarks by Senators Neal, Washington, James
and Rawson.

Senator James moved that Senate Bill No. 19 be taken from the
General File and placed on the General File for the next legislative day.

Remarks by Senator Washington.

Motion carried.

Senate Bill No. 31.

Bill read third time.

Remarks by Senator Carlton.

Senator O'Donnell disclosed that his wife is a homebound teacher
and a member of a political subdivision.

Senator Carlton disclosed that her husband is employed by the
State of Nevada, Department of Parole and Probation.

Senator Washington disclosed that his wife is employed by the
State of Nevada.

Roll call on Senate Bill No. 31:

Yeas—21.

Nays—None.

Senate Bill No. 31 having received a constitutional majority,
Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 33.

Bill read third time.

Roll call on Senate Bill No. 33:

Yeas—21.

Nays—None.

Senate Bill No. 33 having received a constitutional majority,
Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 38.

Bill read third time.

Conflict of
interest declared by Senators Raggio and Mathews.

Senator Porter moved that Senate Bill No. 38 be taken from the
General File and placed on the General File for the next legislative day.

Remarks by Senator Porter.

Motion carried.

Senate Bill No. 55.

Bill read third time.

Remarks by Senators Rawson, O'Donnell and Raggio.

Conflict of
interest declared by Senator O'Donnell.

Roll call on Senate Bill No. 55:

Yeas—20.

Nays—None.

Not Voting—O'Donnell.

Senate Bill No. 55 having received a two-thirds majority,
Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 59.

Bill read third time.

Remarks by Senators Coffin and Neal.

Senator Neal
requested that his remarks be entered in the Journal.

Madam President, I did have a problem with the language change on
page 6, section 17, beginning with line 44, “That no penalty may” I had a long
discussion with the Legal Counsel as to whether or not that permitted any
assessment for delinquent payment of the privilege now referred to as the
government service tax. I was told, it would not change anything. I want this
on the record in case it does. Then I will be talking to the legal person who
told me it didn’t.

Roll call on Senate Bill No. 59:

Yeas—21.

Nays—None.

Senate Bill No. 59 having received a constitutional majority,
Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 64.

Bill read third time.

Remarks by Senator McGinness.

Roll call on Senate Bill No. 64:

Yeas—21.

Nays—None.

Senate Bill No. 64 having received a constitutional majority,
Madam President declared it passed.

Bill ordered transmitted to the Assembly.

REMARKS
FROM THE FLOOR

Senator
O'Donnell requested that his remarks be entered in the Journal.

Thank you, Madam President. I would like to share a story with
you that happened last night in Senator O'Connell’s and my district. There was
a horrific accident at the corner of Spring Valley Parkway and Rainbow
Boulevard. A gentleman decided to run a yellow light, and a person making a
left turn clipped the car. The car spun around and smashed against the block
wall on Rainbow Boulevard.

A young lady
stopped and rendered assistance. She got the woman and the man out of the car.
He was badly injured. She got him to the sidewalk and out of the way, but there
were two children and a 17-year-old boy still in the back seat. After the
children were removed from the car, she moved her car out of the way and
noticed a small flame coming from the bottom of the vehicle. Within about three
minutes, the flames had increased. She pulled the 17-year-old boy, who had a
broken foot, out by the nape of the neck through the door. She told him she was
sorry, but she had to pull him out of the car or he would die in there. She got
him onto the ground and, at that point, the car burst into flames. On Rainbow
Boulevard, you can see the remnants of those flames where it started a tree on
fire.

The lady’s name is Tina McGowan. She is the wife of a
firefighter. I am very proud to say that she is my constituent in Las Vegas. As
far as I am concerned, Tina McGowan is a hero. She did an outstanding job. I
called her to congratulate her on a job well done. She was concerned to know if
there is a “Good Samaritan Law” in Nevada. She was afraid she could be blamed
for breaking the young man’s foot. I assured her that we do have such a law,
and I am very proud that she saved this young man’s life. I want to recognize
her today. This happened last Thursday, and I want to make certain that she
gets some kind of recognition for being the woman that she is.

GUESTS
EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator Mathews, the privilege of the floor of the
Senate Chamber for this day was extended to Tom Macaulay.